Congratulations to our “Live to the Beat” Small Steps Challenge Grand Prize Winners!
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR OPPORTUNITY TO WIN. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT RESIDING IN THE 50 UNITED STATES/DC AT THE TIME OF ENTRY.
- PROMOTION PERIOD: The “Live to the Beat” Small Steps Challenge Sweepstakes (“Sweepstakes”) begins at 9:00 a.m. Eastern Time (“ET”) on January 12, 2023 and ends at 11:59 p.m. ET on February 11, 2023 (“Sweepstakes Period”).
- ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age & the age of majority in their state of residence as of date of entry (“Entrant”). Employees, officers, directors of CDC Foundation (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Porter Novelli, and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations (collectively with Sponsor and Administrator, the “Sweepstakes Parties”), as well as their immediate family members (spouses, parents, children and siblings) and/or persons living under the same household are not eligible to enter. This Sweepstakes shall be construed and evaluated solely according to United States law and subject to federal, state and local laws and regulations. Void where prohibited. By entering, Entrants agree to comply with these Official Rules, including, without limitation, all eligibility requirements.
- HOW TO ENTER: During the Sweepstakes Period, visit https://www.livetothebeat.org/smallstepschallenge or Exhibit A (below), for a list of small steps/activities (“Challenges”). Choose one of the Challenges and take a photo or video up to 15 seconds (“Photo/Video”) showing that you performed or completed the Challenge you have selected to post on either Instagram or Facebook. There are two (2) ways to enter, as follows:
- VIA INSTAGRAM: You may enter by logging into your Instagram account, visiting https://www.instagram.com/live.to.the.beat/, following @live.to.the.beat, and uploading one (1) Photo/Video to your Instagram account including these two hashtags #smallstepschallenge and #sweepstakes or responding to a Live to the Beat Small Steps Challenge Sweepstakes Post(s) (“Sweepstakes Posts”) in order to receive one (1) entry into the random drawing. You must be a @live.to.the.beat Instagram follower to enter via Instagram. You must have an Instagram account to enter via Instagram and have your account privacy settings set to “Off.” If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store.
- VIA FACEBOOK: You may enter by logging into your Facebook account, visiting https://www.facebook.com/livetothebeat/, and looking for Sweepstakes Posts inviting you to enter by responding to their Post(s) with your Photo/Video in order to receive one (1) entry into the random drawing. You must be a @livetothebeat Facebook follower to enter via Facebook. You must have a Facebook account to enter via Facebook and have your account privacy settings set to “Off.” If you do not have a Facebook account, and you would like to create one for free, download the free Facebook app to your mobile device at either the Apple® App Store or the Google® Play store.
By entering, you agree that you are solely responsible for all internet access and data charges that you incur. All such charges are billed by and payable to your internet or mobile service provider. Please contact your participating service provider for pricing plans, participation status and details. Sponsor and its Sweepstakes Entities are not responsible for lost, late, delayed, misdirected, or incomplete entries. Incomplete entries are not eligible. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent email addresses and/or identities) will void all Entries by that Entrant. - ENTRY REQUIREMENTS: By entering, you agree to waive any rights you may have to the Entry submitted. You must have the permission of anyone depicted in your Entry for submission. Entries will not be judged. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants and may not have been submitted previously in a promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means. Entrant must own all rights to the video including any audio included in the Entry and have the right to grant Sponsor a license to use the Entry (any material embodied in the Entry). Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third-party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Sponsor may blur or black out the infringing material, in their sole discretion. Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and winners acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Instagram and Facebook are not affiliated with this in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prizes. No endorsement or approval of Sweepstakes by Instagram or Facebook is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. By entering, you understand and agree that your Entry may (in Sponsor’s sole discretion) be posted online for consumers to view on the Sponsor’s website, Sponsor’s social media sites, and/or Sponsor-determined sites. Sponsor will only be posting select Entries (in their sole discretion). Sponsor reserves the right to remove any posted Entries, in its sole discretion, even if the Entry has already been made available to the public. Sponsor reserves the right to edit, adapt, or modify any posted Entry, in its sole discretion. Entries may be posted on the Sponsor’s website, Sponsor’s social media sites, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- RANDOM DRAWING: There will be three (3) separate random drawings, one random drawing per Grand Prize. All random drawings will be performed on or about February 16, 2023 from among all eligible Entries received, regardless of method of Entry. Random drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning a prize will depend on the total number of eligible Entries received during the Sweepstakes Period. Limit one Grand Prize per person /email address/household. In the event that an insufficient number of eligible Entries are received to award all available prizes, Sponsor is not obligated to award any remaining prizes.
- WINNER NOTIFICATION: All Potential winners will initially be notified by direct message (“DM”) on Instagram or comment on Facebook (as applicable) and will be required to follow the instructions outlined within forty-eight (48) hours from the time he/she is notified via DM. If a potential prize winner entered via Facebook, he/she will be notified by a comment on a Sponsor-specified Post, provided further instructions, and then confirmed by email. If a potential winner cannot be reached by direct message or does not respond via Facebook as instructed within forty-eight (48) hours of first notification attempt, an alternate winner may be selected. All Prize winners will be required to verify their eligibility/mailing addresses via email within three (3) days of notification attempt or prize may be forfeited. Noncompliance with these requirements, requests or the specified time period will result in disqualification and another winner will be contacted in the place of the disqualified person. Return of any prize or prize notification as undeliverable may result in disqualification and alternate selection (in accordance with these Official Rules). The “Released Parties” (as defined below) shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the prize notification, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential winner, or in the event that a potential winner is ineligible for any reason or has not complied with these Official Rules such potential winner will forfeit his or her prize and an alternate winner may be selected. An Entrant is not a winner of a prize unless and until Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.
- Prizes and Approximate Retail Values (“ARV”): There are three (3) Grand Prizes: Kitchen Appliance Makeover Prize Package featuring a state-of-the-art Air Fryer, Food Chopper, Pro-Grade Blender, Juicer, and a Live to the Beat Swag Box consisting of a water bottle, measuring spoon, small steps tracker, cooling towel, apron, bento lunch box, cordless jump rope (ARV: $585). Movement Prize Package featuring a smart Fitness Tracker Watch with 12 months of full access to exclusive membership features, workouts, and programs., $400 Sporting Goods gift card, a $50 NBA Store gift card and a Live to the Beat Swag Box consisting of a water bottle, measuring spoon, small steps tracker, cooling towel, apron, bento lunch box, cordless jump rope (ARV: $565) Nutrition Prize Package featuring an 8-Week Meal Delivery Service Subscription (2 days per week, 2 person meal plan), two MyFitnessPal Premium Annual Memberships for 12 months and a Live to the Beat Swag Box consisting of a water bottle, measuring spoon, small steps tracker, cooling towel, apron, bento lunch box, cordless jump rope ($535). Prizes are nontransferable, non-negotiable, non-refundable and must be accepted as awarded. No cash or other substitutions may be made, except by Sponsor in the event that the prize(s) cannot be awarded for any reason, in which case, Sponsor will award a prize of equal or greater value. Prizes are awarded “as is” with no warranty (except as specifically included) or guarantee, either express or implied by Sponsor. All prize details are at Sponsor’s sole discretion. Each prize award is subject to verification of eligibility and compliance with these Official Rules. Any and all applicable federal, state, local, taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of each winner.
- General Rules: Prize winners and all Entrants, as a condition of Entry into the Sweepstakes and/or acceptance of prize, agree to release and hold harmless Sponsor, and its affiliates, Administrator, Instagram, Meta, Facebook, and each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any prize awarded, or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or redemption of prize. Acceptance of prize constitutes permission to use each winner’s name, likeness, Entry, Instagram/Facebook username, and any Entries as applicable, for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; gains unauthorized access to accounts; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, for errors that may occur in promotion/ad materials, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel or terminate the Sweepstakes if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In the event of cancellation, prizes will be awarded via random drawing 5from among all eligible Entries received prior to cancellation. Void where prohibited by law and subject to all federal, state, and local laws. As a condition of entering the Sweepstakes, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes, or prizes awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs. In no event, will more than three (3) Grand Prizes be awarded.
- License/Use of Entries: By entering, each participant understands that the Sponsor is not acquiring participant’s copyright in and to his or her Entry, but Sponsor is being granted a perpetual, worldwide, fully paid-up and royalty free right and license to use and share the Entry, in whole or part, in any media, including all Sponsor affiliated digital and social media channels, now or hereafter known.
- Arbitration: Except where prohibited by law, as a condition of participating in this Sweepstakes, Entrants agree that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.
- Choice of Law: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN GEORGIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN GEORGIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE ANY DISPUTE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO CLASS ACTION.
- Privacy: Any personally identifiable information collected during your participation in this Sweepstakes will be collected by Sponsor and used by it and its agents solely for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and will not be shared with any third party except as stated in Sponsor’s Privacy Policy, posted at https://www.livetothebeat.org/privacy-policy.
- WINNERS LIST: For the list of winners, available on or about March 11, 2023, after all prizes have been awarded, visit https://www.livetothebeat.org/smallstepschallenge. The winners list will be available for no less than 30 days.
- Sponsor: CDC Foundation, 600 Peachtree Street NE, #1000, Atlanta, GA 30308
This Sweepstakes is in no way sponsored by Instagram or Facebook.
EXHIBIT A
‘Live to the Beat” Challenge Photo/Video Entry Guidelines
Always consult your physician before beginning any exercise program. This general information is not intended to diagnose any medical condition or to replace your healthcare professional. For more information, please visit: https://www.cdc.gov/nccdphp/sgr/adults.htm
Physical Activity Guidelines for Americans outlines the amounts and types of physical activity recommended for different ages and populations: https://health.gov/sites/default/files/2019-09/Physical_Activity_Guidelines_2nd_edition.pdf
- Show us a heart healthy food label – Photo/Video to depict the label from a food low in sugar/sodium/saturated fats, high in fiber, etc.
- Try a new fruit – Photo/Video to depict Entrant eating, holding or preparing fruit, or Photo/Video of the fruit
- Drink 68 oz. of water – Photo/Video to depict Entrant drinking, holding or pouring water, or Photo/Video of their water bottle/cup
- Eat a low sodium (salt) snack – Photo/Video to depict Entrant eating or holding a snack low in sodium, or Photo/Video of their low sodium snack
- Skip the sweets (including sugary drinks) today – Photo/Video to depict a healthy meal or snack that excludes sweets/desserts
- Make a heart healthy smoothie – Photo/Video to depict store bought or homemade smoothie or the blender with smoothie contents (blended fruit inside)
- Add some fiber to your breakfast – Photo/Video to depict breakfast known for containing fiber (for example high fiber cereal, oatmeal, avocado toast, apples and peanut butter)
- Eat at home today! (Cook a meal) – Photo/Video to depict act of cooking or finished meal at home or Entrant sitting at table eating meal at home
- Try a new healthy recipe – Photo/Video to depict act of cooking or finished meal at home, Entrant sitting at table eating a meal, or a recipe card
- Eat a vegetable with two meals. – Photo/Video to depict a vegetable on their plate
- Try eating a meal without meat – Photo/Video should depict a meatless plate
- Perform a physical activity outside – Photo/Video should depict Entrant exercising outside or an image related to exercising outside (for example - walking shoes, fitness tracker on wrist, water bottle or headphones) – Photo/Video must be taken outside
- Perform a physical activity inside – Photo/Video should depict Entrant exercising inside or an image related to exercising inside (for example - walking shoes, fitness tracker on wrist, water bottle or headphones)
- Go for a walk today – Photo/Video should depict Entrant walking anywhere (inside on a treadmill or outside) or an image related to walking (for example - walking shoes, fitness tracker on wrist, water bottle, headphones)
- Dance! – Photo/Video should depict Entrant dancing
- Take the stairs today! – Photo/Video should depict Entrant taking the stairs (can be the image of their shoes on steps)
- Stretch for 5 minutes – Photo/Video should depict Entrant stretching
- Do 30 squats – Photo/Video should depict Entrant doing squats
- Dance during commercial breaks – Photo/Video should depict Entrant dancing with or without TV in background
- Exercise with a friend/family member – Photo/Video should depict Entrant exercising with a friend or family member in person or on FaceTime. Entrant needs to have consent to use “friend’s” name/likeness.
- Do a breathing exercise – Photo/Video should depict Entrant inhaling, exhaling or appearing to take deep breaths
- Do 15 minutes of yoga – Photo/Video should depict Entrant doing a yoga pose
- Take a screen break [no phone/no social media] – Photo/Video should depict Entrant doing an activity that doesn’t involve a screen (could be reading, gardening, painting/drawing, playing a board game with family) or a Photo/Video of their phone screen upside down on table
- Do something that makes you laugh – Photo/Video should depict themselves laughing or an activity that makes them laugh (someone in their family, watching a funny video) Entrant needs to have consent to use “others” name/likeness if applicable
- Try journaling to reduce stress – Photo/Video should depict Entrant writing in a notebook/journal, journaling on their phone or of the notebook/journal itself.
- Schedule a visit with a medical professional – Photo/Video should depict Entrant in the doctor’s office waiting room or patient room or could be them scheduling an appt online or via phone. Entrant should be the only person depicted in Photo/Video.
- Explore the “Work with a Doctor” step in the Pulse Check Roadmap at livetothebeat.org/pulsecheck – Photo/Video should depict Entrant on computer or phone engaging on phone or on computer with “Work with a Doctor” step in pulse check. Entrant should be the only person depicted in the Photo/Video
- Set a healthy goal – Photo/Video should depict someone writing (on paper, notebook, journal, whiteboard, or phone)
- Get 7+ hours of sleep – Photo/Video should depict Entrant’s head on pillow, wearing an eye mask, in PJs or sitting on their bed. Could also depict an alarm clock or a digital health tracker that demonstrates 7+ hours of sleep
- Explore a new step of your choice in the Pulse Check Roadmap at livetothebeat.org/pulsecheck – Photo/Video should depict Entrant engaging on phone or on computer with “Pulse Check” roadmap