Terms & Conditions for Drive105 Competitions
These are general terms & conditions. All competitions run by Drive 105.3 fm Community Radio here by referred to as “the station” are bound by these terms & conditions, but certain competitions may have separate terms & conditions attached to them if required.
A person or persons who takes part or enters such competitions is here by referred to as the “participant”.
1.1 These Competition terms and conditions shall be binding on any participant who enters any promotion, prize draw or competition run by the station including but not limited to those Competitions operated by the station on behalf of its sponsors or any company, or website owned or controlled directly or indirectly by the station.
1.2 Any specific rules, entry instructions or any other specific details relating to the particular Competition or the Competition prizes or gifts published on this website or in any media which features the Competition i.e. on-air messages together with these Competition terms and conditions form the Competition terms Entry and participation in any Competition shall be deemed an unconditional acceptance by the participant of these Terms.
1.3 It is agreed and accepted by the participant that the station shall have no liability whatsoever in respect of Competitions operated by third parties featured on air, our website or any other media owned or run by the station. In this circumstance the relevant third party will be responsible for all aspects of the Competition. The station accepts no responsibility for the actions or omissions of such third parties, specifically in the event that they fail to fulfil or honour all or any aspect of the competition.
1.4 Participants have made certain representations and warranties to the station both in these Terms and otherwise in entering the Competition and/or applying for a place on the Competition. The station has relied on the accuracy and truth of such representations and warranties in granting a place to the participant. Should the station or its agents become aware of any fraud, dishonesty, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might in the station’s opinion, have an adverse effect on the Competition, the station, reserves the right in its absolute discretion without notice to the participant and/or without giving reasons to forfeit your place in the Competition; or withdraw the Prize(s.
1.5 Participants agree to co-operate with and comply with all reasonable requests of the station, its agents or any staff or volunteers (and in particular with the health and safety team) in connection with any Competition and its broadcast.
2. Eligibility to enter competitions
2.1 To enter a Competition you must be a resident of the United Kingdom/Republic of Ireland. However, there may be specific circumstances due to the nature of the competition where only UK residents can take part. The station will publicise this as part of the competition. The station reserves the right to verify the eligibility of all entrants.
2.2 The station reserves the right to limit the amount of times a participant can enter a competition.
2.3 Unless otherwise stated, winners may only win once in any given Competition.
2.4 You may only enter a Competition as an individual; any entries that, have been made via participation in a syndicate will be disqualified.
2.5 Any entries made, via any form of machine assisted intervention enabling multiple entries will be disqualified.
2.6 The station reserves the right to discount multiple entries from the same IP address or telephone number, unless the specific terms and conditions for the Competition state that multiple entries are permitted.
2.7 A person may not win more than one prize valued at the publicised value
2.8 Where it is expressly stated that a Competition is open to over 16’s only, the participant must be 16 years of age on the closing date for entries to a Competition and, if requested by the station shall provide evidence of the participant’s age to the station immediately on request. In the event that the participant either fails to produce satisfactory proof of age within 7days of it being requested, or it is proven that the participant did not meet the criteria in relation to their age they are immediately disqualified from the competition.
2.9 The station reserve the right to change or add other reasonable eligibility criteria to certain competitions, in these instances proof of eligibility to enter must be provided on request. In the event that the participant either fails to produce satisfactory proof within 7days of it being requested, or it is proven that the participant did not meet the stated criteria they are immediately disqualified from the competition.
2.10 You must enter any Competition using your legal name. The station reserves the right to disqualify anyone entering a competition using a false name. By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.
2.11 The station reserves the right to disqualify anyone entering a competition on behalf of another person, and to withhold or reclaim any such prize if a breach of this rule is subsequently discovered.
3. Health and Safety
3.1 By entering a Competition, the participant confirm and warrant that, to the best of their knowledge and belief, their general state of health is good and you have no medical condition that could be adversely affected by strenuous exercise or any of the events or activities planned or reasonably expected to be involved in the Competition. The participant confirms that they are not taking any medication at present and will not take any medication during the Competition which may affect their participation in the Competition.
3.2 The participant must take all reasonable steps to ensure their own health and safety when taking part in any events or activities forming part of the Competition or the Prize. Any behaviour or act or conduct by you which Drive105.3fm Community Radio considers to pose any medical, security or safety risk (including without limitation any abusive behaviour, physical or psychological) will lead to your immediate disqualification.
3.3 participants are obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Competition are adhered to and acknowledge that all activities are undertaken at your own risk.
3.4 Participants must notify the station of any medical or other condition which may mean that they are unfit for travel or participation in the Competition as soon as you become aware of such a condition. The station reserves the right to forfeit the participant’s place in the Competition or entitlement to the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
3.5 Participants agree not to consume or carry on their person or have in their possession or in their control during the Competition any illegal substance. Failure to adhere to these conditions will result in immediate disqualification.
3.6 Participants will comply with all directions given by the station or anyone representing the station in respect of health and safety. Failure to do so may lead to immediate disqualification, or immediate withdrawing of any Prize.
4. Competition entries via text message and telephone
4.1 Please note, only callers with mobile phones using certain networks will be able to participate in Competitions using a Short Message Service (“SMS”), known commonly as a text message. Users should check with their service provider for details of compatibility. The station will not be liable in the event of telephone or text message entries not received as a result of: network incompatibility, technical faults, a system failure on the part of a third party provider engaged by the station to facilitate the competition, texting the wrong number, failing to accurately write the key words or options in the body of the text as advertised in order to enter the competition. Please be aware that short codes along with keywords may change from Competition to Competition. The station reserves the right to limit the amount of times a participant can enter a competition and is therefore not responsible for any costs incurred or is not obliged to refund those additional costs if the participant enters more times than the set limit. Note the only exception to this restriction is when the competition involves text voting. In this case the station reserves the right to remove or adjust the upper limit.
4.3 For the avoidance of doubt, participants should follow the on-air or website instructions regarding the texting of Competition answers extremely carefully as the station cannot guarantee Competition entry for misspelt or incorrect text entries.
4.4 A text message to the Competition short code or a telephone call to the Competition line will normally cost £1.00 plus the standard rate for your mobile or telephone provider unless expressly stated otherwise in the specific rules for the Competition. The station is not responsible for any charges applied by the network provider. Participants should check with their network provider for more details as the cost of text messages from different mobile phone service providers may vary.
4.5 The station reserves the right to use your phone number for further correspondence
4.6 Text messaging charges incurred as a result of entry to the Competition(s) will be paid via your mobile phone service provider and will be detailed, where possible, on your mobile phone bill. However, it is not the responsibility of the station to provide this service and the participant should check it with their network provider.
4.7 Any person using a telephone which is not his or her own should ask for the permission of the person who pays the bill before sending a text message or telephoning the competition line. Any costs incurred in this instance are not the responsibility of the station and there will be no refund.
4.8 In the event that a telephone call to or from a Competition entrant is disconnected for any reason before or during the competition, the station reserves the right to select another entrant to participate in the Competition. In the event that an entrant does not answer their telephone when contacted in order to participate in a Competition, the station reserves the right to select another entrant to participate in the Competition.
4.9 Where the competition is entered by phone, the relevant phone number may be given on-air at the time of the competition. Where the participant uses a different phone number the station cannot be held responsible for entries not being processed.
4.10 Winners shall be chosen at random from those who entered by text or those callers which successfully reach the switchboard, unless an alternate method selection is stated.
5. Claims to prizes
5.1 In order to enable the station to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, evidence of Competition entry must be made available if requested for the checking of such claim. In addition, the station reserves the right to request proof of identity, age and address in the form of your passport or driving licence, and proof of your address in the form of a utility bill. The station may also carry out an interview in order to validate such claims. Interviews may be by telephone or in person with the participant and may be recorded. The station may also ask you to provide an in-studio recording to compare to your on-air win to provide proof of vocal identity. If the participant fails to provide any of the above or refuses to cooperate with any reasonable requests made by the station then this will result in disqualification.
5.2 If the station becomes aware of any fraud, deceit, misconduct or similar action during or in relation to a Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of the station, that you had no actual or imputed knowledge of such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then the station reserves the right to treat that entry as invalid (whether or not such information comes to light before or after the participant has made the claim). If the fraud, deceit, misconduct or other action is only discovered after the Prize has been released, the participant undertakes to return the same (or provide compensation equal to the value of the prize to the station without delay upon notification by the station. The participant will be responsible for any costs incurred by the station in order to ensure the prize or any compensation of equal value is returned.
5.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid. If the prize has an expiry date or must be used or accessed by a given date the station is not responsible if the participant does not claim or use the prize before the expiry date. In this case the station has no responsibility to replace the prize or provide an alternative.
5.4 Winners of Prizes will be notified within 28 days of the relevant end date of the Competition. Prizes must be claimed within 28 days of notification.
6.1 All Prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives unless otherwise clearly stated.
6.2 The station does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by the participant.
6.3 In the event of unforeseen circumstances or circumstances outside the station’s reasonable control, the station reserves the right to offer an alternative prize of equal value. No cash will be offered. In the case where it is a third party providing the prize (for example a retailor using the competition to advertise) the Station will not be responsible for giving the prize and it is the responsibility of the third party to provide the prize Similarly if the prize is not to the satisfaction of the winner then this matter must be resolved between the third party and the winner and not the station.
6.4 In the event of there being more claims than Prizes available, the name of the valid claimants will go into a draw for the Prizes.
6.5 A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
6.6 The station, or in the case of where a third party is involved, the station reserves the right to substitute any Prize.
7. Holiday Prizes
7.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by the station. There will be no cash alternative. There will be no alternative destination.
7.2 Holidays are non-transferable. Holidays are subject to availability. The station is not responsible for any external reason for the winner being unable to travel. It is the responsibility of the winner to ensure all relevant documents are in place for travelling and any other obstacles that could prevent the winner from travelling are sorted within the necessary time-frame.
7.3 Holidays are not available to persons under the age of 18 unless otherwise stated in the specific terms and conditions for a Competition. Children under 18 years of age must obtain written consent from a parent or guardian and cannot travel unless accompanied by an adult over the age of 18.
7.4 All holidays must be taken within 6 months of the date of the Competition (unless agreed with the station or the third party providing the prize.
7.5 Participants must comply with the terms and limitations of any travel insurance policy offered as part of the Prize, relating to the holiday. Where no insurance is offered, participants are responsible for obtaining adequate travel insurance.
7.6 Participants must comply with the terms and conditions of the airline and other transportation and venues involved in the Competition or the Prize. There may be additional terms and conditions imposed by the Prize provider which must be complied with and the station will not be responsible for your failure to comply with such terms and conditions. In particular, participants shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.7 Participants are not entitled nor authorised in any way to commit the station to any contract, expense or cost entered into or incurred without its advance written acceptance of the same.
7.8 Passport control and in-country authorities will reserve the right to refuse entry. In this instance if entry or free passage to or from the country is refused /, any additional costs incurred will be the participant’s sole responsibility.
7.9 Any flights, other transport, airport details, accommodation or other aspects of the Prize, dates and times quoted by the station or its agents are for guidance only and are subject to change without notice with no liability arising. Participants must have sufficient financial resources to meet any financial commitment which you may incur in connection with the Prize beyond those included in the Prize itself.
7.10 Participants must comply with and are responsible for attending to any inoculation and health regulations or visa requirements required for your destination.
8. Ticket give-aways
8.1 In the case of prizes in the form of free tickets, ticket holders shall be bound by and comply with the event promoter’s terms and conditions together with those set out on the ticket and the rules and regulations of the venue. Use of the Prize constitutes acceptance of these rules.
8.2 Unless otherwise stated, prizes of tickets do not include travel, accommodation or any extras.
8.3 Tickets cannot be exchanged. It is advised that standing area tickets are not suitable for under people under the age of 16.
8.4 The unauthorised sale or disposal of tickets is a criminal offence.
8.5 In the event of a meet & greet or sound check party invite along with tickets won, the venue and artist’s management reserves the right to refuse entry to any winner if deemed necessary for security or any other reason. All decisions are final.
9. Online give-aways
9.1 Prizes will be disclosed in the competition specific terms.
9.2 Entrants must go online to the Radio Station website to answer any entry question provided and register their details in full.
9.3 All eligible entries will be entered into a random draw after entry has closed and winners will be notified within 28 days.
10.1 For Competitions involving online voting, entrants may be required to register a valid email address to be entitled to vote. When this is specifically requested by the station it may be the case that only one vote for each valid email address will be accepted. The station reserves the right to disqualify multiple votes in the case where multiple votes are not permitted.
11. Disqualification of Entries and Cancellation of the Competition
11.1 Participants acknowledge that the interests and good reputation of the station are paramount and the station may, at its reasonable discretion, withdraw a place or require participants to cease to have any involvement in the Competition if it believes it is in the best interests of the station to do so.
11.2 The station reserves the right to immediately withdraw participants place in the Competition or withhold the Prize if it believes a participant to be in breach of any of their obligations, or representations and warranties, under the Terms or if a participant otherwise conduct themselves in a manner which is inappropriate or unsuitable (as determined in the reasonable discretion of the station). You shall be responsible for any additional costs in this respect (including the costs of your early return back to the country, if necessary).
11.3 In the event of disqualification, the station reserves the right to select another entrant to take part in the Competition.
11.4 The station shall be entitled, in its reasonable discretion, to cancel (and/or recommence) a Competition with immediate effect by on air announcement (in the case of on-air competitions) or by stating the same on the relevant website (in the case of on-line competitions) without any liability in respect thereof. In this event (and assuming a valid claim has already been made), the station will use reasonable endeavours to offer an alternative prize at some other time and/or if applicable some other destination, which may be accepted instead by the participant. If such alternative prize is not accepted (or not made) you shall have no claim against the station in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof. Note in the event where it is a third party providing the prize then it is the responsibility of the third party to offer an alternative and not the station.
11.5 The station reserves the right to forfeit participants place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.
11.6 A Competition or specific promotional devices may be declared as void by the station if such promotional devices contain a printing error, or involve a production or distribution error, of any kind. Promotional devices found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way will also be declared void by the station.
11.7 The Station reserves the absolute right to disqualify any entrant to the Competition which it considers has used improper technical means to enter.
11.8 The Competition may also be declared void should a printing or production error in connection with the Competition appear on this Site or occur in an on-air message.
11.9The station reserves the right in its reasonable discretion to (i) disqualify any claimant or entrant whose conduct is contrary to the spirit of these Terms or the intention of the Competition; (ii) declare as void any claims or entries resulting from printing, production or distribution errors (including any errors relating to the description of the Competition on this Site or on-air) or where there has been errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.
12.1 Participants undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to the station, its business, personnel, servants, agents or officers to anyone.
12.2 Participants may not publicise their involvement in the Competition or the fact that they have won a Prize without the prior written permission of the station.
13.1 Winners must as a condition of the Prize participate in all publicity required by the station and/or third parties connected with the Competition.
13.2 You acknowledge and agree that the station may publish winners’ names on any and all media and make these available on request to third parties.
13.3 Participants shall not without the specific prior written consent of the station publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form). Participants shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and participant’s involvement therein shall vest exclusively with the station.
13.4 Participants agree to undertake (as requested by the station all interviews, Competitions and other activities and to the reproduction, publication, exhibition, transmission and broadcast of such by all means and media at the discretion of the station.
13.5 Without limitation to any other rights under this Agreement, the station shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.
14. Intellectual Property
14.1 Unless otherwise stated, Competition entries will not be returned to you.
14.2 In respect of copyright and other intellectual property rights in any Competition, your entry into the Competition, and your involvement in the Competition including, without limitation, all interviews, pictures, audio, audio-visual, whether your appearance is featured or incidental in all media participants
a hereby grant to the station a non-exclusive, royalty-free perpetual worldwide licence to use any such copyright and other intellectual property rights in any and all media to the extent the station deems it appropriate; and
(b) agree, at the station’s request, to assign to the station the entire such copyright and other intellectual property rights including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright and you agree to do all such acts as may be reasonably requested of you by the station to effect the assignment under this clause and you agree that the licence and, if applicable, any assignment shall include the right for the station to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony and the right to sub-license such rights to any other persons, in each case for such purposes as the station may in its absolute discretion determine.
14.3 Any information submitted by participants relating to a Competition must be personal and related specifically to the participant. You warrant that any information which you submit to the station will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. The station reserves the right, but not the obligation, to screen, filter and/or monitor information provided by participants and to edit, refuse to distribute or remove such information.
14.4 By entering any Competition and submitting any material or Products participants warrant to the station that:
(a) you own or are licensed in respect of the Products submitted as part of the Competition conditions and that you have the right, power and authority to grant the rights set out in these Terms;
(b) The station is free and able to use the Products in accordance with and in the manner set out in any relevant terms;
(c) you agree to waive any moral rights you may have in the Products and have obtained a waiver or all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;
(d) The Products do not violate any applicable law or regulation (including any laws regarding anti-discrimination or false advertising);
(e) The Products are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(f) The Products are not obscene or pornographic; and
(g) the Products do not, to the best of the your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
14.5 The entrant to a Competition is the individual submitting the media (i.e. the person who owns the mobile telephone or who can be reached at the relevant email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof.
14.6 You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of the station may result in your disqualification from the Competition and forfeiture of any Prize.
14.7 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in the station for its own use (in its absolute discretion).
15. Exclusion of liability
15.1 The station is not liable in any way for any costs, expenses, damages, liability or injury suffered by you arising out of or in any way connected with the Competition or Prizes other than those costs and expenses specifically provided for in the Prize (if any). This exclusion does not include any liability for (I) negligence the station; (ii) death or personal injury arising out of the station negligence or the negligence of its employees; (iii) fraud or fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.
15.2 The station accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
15.3 The station shall not be liable to perform any of its obligations under the Competition or in respect of the Prizes where it is unable to do so as a result of circumstances beyond its reasonable control and whilst the station may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.
16.1 Participants will comply with the instructions and directions of the station or their representatives. Failure to do so may lead to immediate disqualification or withdrawal of the Prize.
16.2 By participating you agree you will not by any act or omission do anything, which might bring the station into disrepute. By participating you represent and warrant that you do not have any criminal convictions or criminal record and have not undertaken any past act or conduct which could adversely affect the reputation of the Competition or the station. You also warrant that you do not currently work for any other radio station or media organisation in the United Kingdom.
16.3 Source material utilised by the station question compilers shall be taken as correct.
16.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) will not be accepted.
16.5 The station does not accept responsibility for entries lost, damaged or delayed in transit to the Competition address nor for any problems related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent be deemed proof of receipt.
16.6 No entries will be accepted from agents, in bulk or from third parties.
16.7 The decision of the station judges is final and conclusive in all circumstances and no correspondence will be entered into.
16.8 Incomplete or indecipherable entries will be void. Unless otherwise stated, photocopies (e.g. of entries or tokens) will not be accepted.
16.9 The station reserves the right, in its reasonable discretion, to add to, amend, or waive any Terms on reasonable notice, including but not limited to extending or reducing the duration of a Competition, and giving clues.
16.10 The station cannot accept any responsibility for any damage, loss, injury or disappointment suffered by participants in entering the Competition or as a result of accepting any Prize.
16.11 Any personal data submitted by participants will be used solely in accordance with current UK data protection legislation.
16.12 Participants undertake the Competition and the taking of any Prize at your own risk.
16.13 participants agree to indemnify the station, volunteers and employees against all costs, losses, damages, expenses and liabilities including for loss of reputation and goodwill and professional advisors fees suffered by the station arising as a result of a breach by you of your obligations under the Terms or in any way in connection your failure to follow the station’s reasonable instructions with regard to your entry into the Competition or taking of the Prize.
16.14 There is no fee payable to participants in respect of their involvement in the Competition.
16.15 In the case of on-line Competitions participants acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by the station may be accessed by third parties. The station accepts no liability for loss resulting from participant’s entry to an online Competition.
16.16 These Terms shall be governed and construed in accordance with the laws of Northern Ireland, Scotland, England and Wales and you and we submit to the exclusive jurisdiction of the Courts of Northern Ireland.
16.17 No variation of these Terms is effective unless approved by an authorised representative of the station in writing.
16.18 The Terms represent the entire agreement between participants and us relating to the Competition or the Prize unless otherwise expressly confirmed in writing by the station and supersede all prior representations, agreements, negotiations or understandings whether oral or in writing. Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms.
16.19 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
16.20 These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
16.21 If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.