Terms and Conditions

Website and platform ROMIAS – The Romanian Music Industry Awards

1. Preamble. The operator and the applicable documents

The website www.romias.ro and the digital platform “The Romanian Music Industry Awards” (ROMIAS) are operated by the CULTURAFT Association, headquartered at 43B Viitorului Street, Corbeanca Village, Corbeanca Commune, Tax ID (CUI) 28664343, registered in the Register of Associations and Foundations under no. 35/28.10.2013, e-mail: [email protected] (hereinafter referred to as the “Operator”).

ROMIAS – Romanian Music Industry Awards is a project designed to recognize achievements within the music industry; it may encompass registration or nomination submissions, eligibility checks, nominations, professional voting via the ROMIAS Academy, public voting, result validation, award presentation, and related communication activities.

These Terms govern the general use of the Website and Platform, accounts, security, transmitted content, intellectual property, access suspension, and liability. The ROMIAS Regulations take precedence regarding specific rules for the edition, including eligibility, categories, the schedule, nominations, voting, result calculation and validation, and appeals. The nomination methodology—an integral part of the ROMIAS Academy Regulations—takes precedence regarding the technical and professional operations it governs. The Privacy Policy and Cookie Policy apply exclusively to data processing and tracking technologies; in all other situations, these Terms prevail.

The regulations and the version of these Terms applicable to a specific operation are those displayed at the time said operation is performed. A substantial change made after the commencement of a stage does not have retroactive effect and cannot affect validly cast votes, except for measures necessary to remedy fraud, a manifest error, a legal requirement, or an incident that compromises the integrity of the process.

Definitions

In these Terms, the expressions below have the following meaning:

• “ROMIAS Academy” – a generic name given to the community of active professionals in the Romanian music and entertainment industry who, by invitation, contribute to the process of nominating and recognizing excellence within The Romanian Music Industry Awards (ROMIAS Awards);
• “Content” – the information, texts, images, recordings, links, biographies, credits, and other materials transmitted via the Platform;
• “Edition” – the ROMIAS cycle identified by the year and schedule established in the Regulations.
• “ROMIAS Regulations” or “Regulations” – the distinct document, published separately on the Website for each Edition, which establishes at least the categories, eligibility period, stages and schedule, persons entitled to nominate and vote, voting limits, applicable weightings, validation criteria, tie-breaking rules, and the appeals procedure. The ROMIAS Regulations are binding on all persons participating in the nomination or voting process and form part of the general framework applicable to participation in the respective Edition. They may be consulted on the webpage www.romias.ro;
• “ROMIAS Academy Regulations” – the distinct document, accessible to ROMIAS Academy members, which establishes Academy membership—including its acquisition, verification, duration, suspension, and termination—as well as the conditions and evaluation criteria regarding nominations;
• “Academy Members” – professionals from the music and entertainment industry who have accepted the invitation extended personally by CULTURAFT representatives to participate in the nomination process, in accordance with the collaboration protocol concluded with the Union of Phonogram Producers in Romania – Related Rights Association (UPFR) and the Romanian Association of Concert and Cultural Event Organizers (AROC); · “Nomination” – the casting of a confidential vote by Academy Members via proposals submitted in descending order of individual preference for each ROMIAS category (artists / bands / albums / songs / producers / festivals);
• “Platform” – the digital functions for account creation, nomination, voting, communication, and technical verification;
• “User” – any visitor, account holder, public voter, or Academy Member;
• “Website” – the public pages available at www.romias.ro, including subdomains indicated by the Operator.

These definitions are supplemented by the definitions detailed in the ROMIAS Academy Regulations and the ROMIAS Regulations.

2. Acceptance of the Terms and proof of version

Browsing public pages entails compliance with the rules of use applicable to the Website but does not constitute consent to marketing or non-essential cookies. Creating an account or casting a vote requires express acceptance of the applicable version of these Terms and, where applicable, confirmation that the user has read and accepted the ROMIAS Regulations.

The Controller may retain proof of acceptance—document version, date and time, account identifier, and proportionate technical data—in accordance with the Privacy Policy. The Terms and Regulations must be available for review and download prior to acceptance. Acceptance checkboxes shall not be pre-ticked; instead, they must be ticked by the user after reviewing the Terms and Regulations.

If the User does not accept the applicable documents, they cannot create or use an account and cannot submit nominations or cast votes.

3. Eligibility and capacity

The user declares that they possess the necessary legal capacity to carry out the transaction. The minimum age for public voting is 18 years. If the participation of minors is permitted, the Platform, the information provided, and the legal representative authorization mechanism will be adapted to the age and legal requirements.

Any person acting on behalf of a company, institution, group, association, or other entity declares, subject to criminal penalties regarding false statements, that they hold the necessary authorization. The operator may request reasonable proof at any time and may suspend the operation until the status of representation is clarified.

4. Creating and using the account

The data provided during registration must be real, accurate, current, and complete. A User may not create multiple accounts to circumvent limits, nor use another person’s identity or contact details without authorization.

The account is personal and non-transferable. Login credentials must be kept confidential. The User shall promptly notify the Operator at [email protected] if they suspect unauthorized access, data compromise, or use of the account by another person.

The Operator may employ email address verification, additional authentication, and other proportionate measures to validate identity or professional status, ensure security, and prevent fraud. Data requested shall not be excessive in relation to the risk being assessed.

Closing the account does not automatically invalidate operations previously carried out in good standing, nor does it preclude the limited retention of evidence required for audits, fraud investigations, legal obligations, or the defense of rights. The impact on a pending candidacy or vote is determined by the Regulations and communicated to the User.

5. The ROMIAS Academy and the independence of the professional vote

Academy membership—including its acquisition, verification, duration, suspension, and termination—is governed by the ROMIAS Academy Regulations and applicable professional documents. The professional account may be used solely by the validated individual.

Academy members exercise their vote personally, independently, and in good faith, based on applicable criteria. The following are prohibited: assigning one’s vote, sharing access credentials, unauthorized coordination of voting choices, accepting or soliciting benefits in exchange for a vote, and exerting pressure on other members.

Members must disclose any personal, professional, or financial interest that could compromise their independence. The Regulations establish the grounds for abstention, the consequences of conflicts of interest, and the competent authority. Mere professional collaboration within the music industry does not automatically create an incompatibility; the existence of a conflict is assessed on a case-by-case basis, in accordance with published criteria.

Individual voting choices are confidential and will not be made public. This confidentiality obligation does not preclude access strictly necessary for auditors or technical service providers, nor does it prevent disclosures required by law.

These provisions are supplemented by the detailed regulations set forth in the ROMIAS Academy Regulations.

6. Voting rules

The voting period, time zone, categories, eligible participants, voting limits, weightings, and calculation method are those stipulated in the ROMIAS Regulations and displayed on the Platform.

A vote is recorded only after the indicated steps have been completed and the Platform has provided technical confirmation. A validly cast vote is final and, in principle, cannot be withdrawn or modified, unless the Regulations provide otherwise. An incomplete message, merely accessing the page, or an error displayed prior to confirmation does not constitute a vote.

The Operator may invalidate only those votes for which there is objective and verifiable evidence of a violation of the Regulations or these Terms. Such a measure must be proportionate, documented, and subject to the internal or independent verification process established for the edition.

Ties, calculation errors, the withdrawal or disqualification of a nominee, and the tie-breaking procedures are resolved exclusively in accordance with the Regulations.

7. Process integrity and prohibited conduct

Any conduct that compromises or attempts to compromise the integrity of the Platform, the Academy, the nomination process, or the voting process is prohibited, including:

• false accounts or identities, multiple accounts, and the use of another person’s account;
• bots, scripts, scraping, automation tools, account farms, or devices and networks used to artificially multiply operations;
• buying, selling, or making votes conditional, as well as offering or soliciting money, prizes, services, or other benefits in exchange for votes;
• fraudulent coordination, exerting pressure on Academy Members, or disproportionate third-party campaigns designed to circumvent the rules;
• exploiting vulnerabilities, introducing malicious software, unauthorized testing, disruption, interception, or unauthorized access;
• collecting other people’s data for harassment, profiling, disclosure, or unauthorized marketing;
• transmitting content that is illegal, defamatory, discriminatory, threatening, or misleading, or that violates personal data, copyright, related rights, image rights, trademarks, or trade secrets;
• any other operations likely to alter the Academy’s nominations or the fairness of the vote cast.

The Operator may request information and evidence to investigate suspicious patterns, without disclosing technical parameters that would facilitate system circumvention. An unjustified refusal to cooperate may be taken into account alongside other evidence but does not, in itself, constitute proof of fraud.

8. Verification, audit and appeals

The operator may engage technical providers and an independent auditor for authentication, detection of unusual patterns, counting, aggregation, and validation of results. Their identities and roles will be described in the Regulations and/or the Privacy Policy, without disclosing information that would compromise security.

The separation of the voter’s identity from their individual choice is maintained to the extent permitted by the technical architecture and audit requirements. Access to personally identifiable data and individual choices is restricted, logged, and granted only to authorized personnel.

Appeals regarding eligibility, invalidation, account suspension, or the result must be submitted to the email address [email protected] within the timeframe and including the information specified in the Regulations. The appellant must specify the operation, the grounds for the appeal, and any available evidence. The decision will be substantiated without disclosing other individuals’ data, trade secrets, or security measures.

9. Content transmitted. Statements and guarantees

The User retains ownership of the rights held in the Content. The User warrants that the information is accurate and that they hold the necessary rights or permissions for its submission and for the uses set forth below. The Content must not infringe upon copyright or related rights, rights regarding image, name, or voice, trademarks, privacy, trade secrets, data protection, or other third-party rights.

The User shall inform the Controller without delay if they become aware that a statement is no longer accurate or that any material is being challenged. This warranty does not transfer to the User the Controller’s own obligations regarding the verification of notifications, data protection, and the lawful use of the Content.

10. License required for the operation and promotion of ROMIAS

By submitting the Content, the User grants the Operator—to the extent of the rights they hold—a non-exclusive, royalty-free license valid wherever the project is accessible. This license applies for the duration of the evaluation, the specific edition, the resolution of appeals, and the ROMIAS archive, covering strictly the following: hosting, technical copying, verification, format adaptation, display, communication to the ROMIAS Academy, committees, and the auditor, publication of nominations and winners, and promotion of the project and the edition.

The license may be exercised through technical providers, producers, media partners, and contracted agencies, solely to the extent necessary for their services and subject to appropriate obligations. Adaptations may include resizing, compression, subtitling, extraction of a reasonable excerpt, translation, or integration into graphic materials, provided this does not unjustifiably distort the Content or infringe upon moral rights.

Independent commercial use of a work, the assignment of rights, merchandising, or an advertising campaign promoting the products or services of a third party are not automatically covered and require a separate agreement. The withdrawal of an entry does not affect uses previously carried out lawfully or the factual archive of nominations or awards, subject to the rights of the data subject and the provisions of the Regulations.

11. Moderation and notification of illegal content

The Operator may review, request additional information regarding, limit the visibility of, refuse, or remove Content that violates ROMIAS regulations (Academy and Contest) or regarding which there are serious indications of illegality. A provisional measure may be taken prior to hearing the User if necessary to prevent harm, protect an individual, preserve evidence, or comply with the law.

Notices concerning copyright, image rights, personal data, defamation, or other unlawful content must be sent to the email address [email protected] and must identify the material, the right invoked, the grounds, and contact details. The Operator may forward the notice to the person who uploaded the material—while protecting data that is not strictly necessary—and may request comments.

The decision will take into account legality, proportionality, and the rights of all parties involved. Content and evidence may be retained for a limited period if required for an investigation, litigation, or legal obligation.

12. Intellectual property ROMIAS and status communication

The name “The Romanian Music Industry Awards” (ROMIAS), as well as the trademarks, visual identity, original texts, databases, structure, and software of the Platform, belong to the Operator or its licensors and collaborators. Access does not grant any rights regarding reproduction, adaptation, distribution, the creation of derivative works, or commercial use, beyond the personal and legitimate use of the functions made available.

Nominees and winners may use the factual name of the category, edition, and status achieved, in the form communicated by the Operator. Misrepresenting one’s status or implying broader sponsorship, certification, or endorsement is prohibited. The use of official logos and insignia must comply with the brand guidelines or be subject to written approval.

13. Availability of the Platform and the running of the edition

The Operator monitors the availability, security, and accessibility of the Platform but may carry out maintenance, updates, and urgent interventions. The User is responsible for their own device, browser, connection, and configuration, although this does not absolve the Operator of liability for its own shortcomings.

If unavailability, an attack, a configuration error, a provider-related incident, a case of force majeure, or an unforeseen circumstance significantly affects a stage, the Operator may extend the deadline, suspend or resume the operation (in whole or in part), request a re-vote, or adopt an equivalent measure. Any such measure must be necessary, proportionate, documented, and communicated via the Website.

The Operator may modify the schedule, the gala format, or the conduct of the event, or withdraw a category, only for objective reasons and in compliance with the Regulations. An edition or category may be cancelled if holding it becomes impossible or would compromise legality or integrity; the consequences regarding entries, votes, and awards will be communicated.

14. Awards and results

The nature of the prizes, the beneficiaries, the conditions for awarding and claiming them, the applicable fees, and any associated obligations are set out in the Regulations or in a specific notice. No monetary payments, goods, or services of financial value are awarded.

The prize and the status of winner may be revoked if it is subsequently established, through a fair procedure, that there was decisive fraud, ineligibility at the relevant time, or a serious breach of the Regulations. Such revocation may not be ordered arbitrarily and must be substantiated.

15. Suspension and termination of access

The Operator may issue a warning, temporarily limit, suspend, or close an account, and invalidate affected transactions, depending on the severity, recurrence, and impact of the violation. Urgent measures may be taken immediately for security purposes or to protect the process or other individuals.

Before a definitive measure is taken, the User is given the opportunity to submit comments, provided this is practicable and does not compromise the investigation. The notification will state the primary reason, the duration, and the procedure for challenging the decision, without disclosing the personal data of others or anti-fraud mechanisms.

The User may request account closure by emailing [email protected] . Termination of access does not affect clauses that, by their nature, remain in effect, including licenses already exercised, confidentiality, audit, liability, dispute resolution, and the legal retention of evidence.

16. Third-party services, content and links

The platform may integrate third-party services such as hosting, authentication, email/SMS, video/audio, social media, analytics, security, or voting. The operator is responsible for selecting and configuring these providers within the scope of its obligations but does not control external pages accessed voluntarily via links.

Accessing an external service may be subject to its own terms and policies. The integration of non-essential cookies or technologies occurs only in accordance with the Cookie Policy and the User’s choices. A link does not constitute endorsement, a guarantee, or an affiliation unless otherwise stated.

17. Personal data, cookies and communications

The processing of personal data is described in the Privacy Policy, while cookies and similar technologies are covered in the Cookie Policy. These documents are permanently available on the Website.

Messages regarding the account, security, candidacy, nomination, voting, results, and changes to applicable documents constitute operational communications. Promotional communications are sent only based on a specific legal ground and separate consent, and they allow for easy objection or unsubscribing. Acceptance of the Terms does not constitute consent to marketing.

18. Liability

Each party is liable for direct damage caused by the culpable breach of its obligations. No clause excludes or limits liability that cannot be excluded by law, including liability for willful misconduct, gross negligence, injury to life or physical integrity, and mandatory consumer rights.

To the extent permitted by law, the Operator is not liable for damages caused exclusively by false information provided by the User, the voluntary disclosure of login credentials, the User’s device or connection, unauthorized use of the Platform, or independently accessed external services. The Operator does not guarantee nomination, winning, audience reach, a professional outcome, or an economic benefit.

No limitation applies to the extent that the damage was caused or aggravated by the Operator’s failure to fulfill its own obligations regarding security, Platform functionality, information provision, moderation, or the fairness of the process.

19. Amendment of the Terms and Regulation

The version and update date are displayed in the document. Material changes are communicated via the Website and, to affected account holders, via email or a message within the Platform, within a reasonable timeframe prior to implementation, circumstances permitting.

Once the registration period has opened, the eligibility criteria, categories, calculation formula, composition of deliberative bodies (where applicable), and voting weights cannot be modified for that specific edition, except where the modification is necessary to comply with a legal obligation or to rectify a material error that would affect the integrity of the process. In such cases, if the modification materially alters the obligations of an ongoing stage, the Operator will request renewed acceptance where necessary. Continued browsing alone shall not constitute acceptance of a modification requiring express consent.

20. Notification

Notices from the Operator may be sent using the account details, via a message within the Platform, or by posting them visibly on the Website, depending on their nature. The User is required to keep their contact details up to date.

Formal complaints and legal notices must be sent to the email address [email protected] They are deemed received upon technical confirmation of delivery or upon registration by the Operator, without prejudice to mandatory legal rules regarding the service of documents.

21. Final provisions

These Terms, together with the ROMIAS Academy Regulations, the ROMIAS Regulations, and applicable special documents, constitute the entire framework regarding the use of the Platform and participation in ROMIAS operations. No promotional communication alters the published rules.

Failure to exercise a right, or a delay in doing so, does not constitute a waiver. If any provision is found to be void, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect, and the affected provision shall be interpreted or replaced—to the extent permitted by law—in a manner that most closely reflects the legitimate objective pursued.

The User may not transfer their account or personal participation rights. The Operator may transfer the operation of the project or these Terms to a successor, provided Users are informed and mandatory rights are not diminished.

The Romanian version prevails. Translations are provided for informational purposes only, unless it is expressly stated that another version is the authoritative one.

22. Applicable law, complaints and disputes

These Terms are governed by Romanian law. Complaints should be sent to the email address [email protected], and the Operator aims to resolve them within a reasonable timeframe communicated to the requester.

Disputes shall be resolved by the courts having jurisdiction in accordance with the law. Users benefit from applicable mandatory legal protections, guarantees, and mechanisms, and these Terms do not restrict their rights.

23. Contact

Association CULTURAFT

E-mail: [email protected]

DATE DPO – KOMETA SERVICE S.R.L.

E-mail: [email protected]