Last Updated date: August 17, 2026

 

National Indie Excellence® Awards (“NIEA,” “we,” “us,” or “our”) is operated by Smarketing, LLC. These Terms of Service (“Terms”) govern your use of indieexcellence.com, store.indieexcellence.com, our contest entry process, our Speakers Bureau, and any other services we offer under the NIEA name (collectively, the “Services”).

 

1. Acceptance of These Terms

By submitting a contest entry, purchasing an award or merchandise, joining our Speakers Bureau, or otherwise using the Services, you agree to these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, please do not use the Services.

We may update these Terms from time to time; the version posted on this page at the time of your entry or purchase governs that transaction.

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2. Who May Use the Services

You must be at least 18 years old, or the age of majority in your jurisdiction, to submit an entry or make a purchase. By submitting an entry, you represent that you are the author, publisher, or authorized representative of the book, and that you have the legal right to submit it to the contest.

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3. Contest Rules & Guidelines

Eligibility requirements, entry categories, fees, deadlines, submission formats, and judging criteria are set out in our Rules & Guidelines page, which is incorporated into these Terms by reference and may be updated from year to year. It is your responsibility to review the current Rules & Guidelines before submitting an entry. In the event of a conflict between the Rules & Guidelines and these Terms, these Terms govern as to matters of contract, liability, and dispute resolution, and the Rules & Guidelines govern as to contest mechanics.

 

4. Entry Fees & Refunds

Entry fees are due in full at the time of submission, in U.S. dollars, at the rates published on our Rules & Guidelines page. All entry fees are final. NIEA does not offer refunds for any reason — including withdrawn entries, entries later found ineligible, or disqualified entries — except where required by law.

 

5. Use of Artificial Intelligence

AI tools may be used in preparing a submitted work for grammar editing and research purposes only. NIEA strongly discourages using AI to generate the substantive narrative, thematic, or stylistic content of a submitted work. As part of the entry process, you must disclose any use of AI tools in producing your submitted work. By submitting an entry, you certify that this disclosure is truthful and complete, consistent with NIEA's AI policy as stated in our Rules & Guidelines.

NIEA may disqualify any entry — before or after an award is announced — that it determines contains undisclosed AI-generated content, and may rescind any award granted on that basis. NIEA's determination on questions of AI use is final.

 

6. License to Use Your Submission

You retain all copyright and ownership rights in your book. By submitting an entry, you grant NIEA a non-exclusive, royalty-free, worldwide license to use your book's cover image, title, and author name, brief excerpts, and the information you provide on your entry form, in order to: (a) administer the contest, including sharing your entry with jurors for evaluation; and (b) promote NIEA and its Winners and Finalists, including on our website, in press releases, in marketing materials, and on social media. This license applies whether or not your book receives an award, and continues after the contest cycle in which you entered.

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7. Speakers Bureau

Participation in the NIEA Speakers Bureau is optional. We offer both free and paid listing options, which may change from time to time; current options and features are described on our Speakers Bureau page.

Paid Speakers Bureau subscriptions are billed annually at the rate published at checkout. Your paid subscription will automatically renew each year at the then-current rate unless you cancel before your renewal date. You may cancel at any time by emailing support@indieexcellence.com ; cancellation takes effect at the end of your current billing period, and NIEA does not provide prorated refunds for early cancellation.

By submitting a bio, photo, or booking information for a Speakers Bureau listing, you grant NIEA a non-exclusive, royalty-free, worldwide license to publish and use that content to promote the Speakers Bureau on our website, in marketing materials, and on social media, for as long as your listing remains active.

You may request removal of your listing, or cancel a paid subscription, at any time by contacting us at support@indieexcellence.com.

 

8. Judging & Awards

• All judging decisions are final. NIEA does not publish the identities of jurors.

• NIEA reserves the right, in its sole discretion, to determine a book's eligibility, move a book to a different category than the one it was entered in, or withhold an award in any category.

• Awards (medals, certificates, seals, and similar items) are non-transferable and have no cash value. NIEA may substitute comparable items at its discretion.

• NIEA reserves the right to disqualify any entry, or to rescind any award already announced, for a violation of these Terms or our Rules & Guidelines, including our AI policy.

 

9. Intellectual Property

Except for the Books and information, you submit as an entry (governed by Section 6), all content on the Services — including text, graphics, logos, and the National Indie Excellence® Awards name and marks — is owned by NIEA/Smarketing, LLC or our licensors and is protected by copyright and trademark law. You may not copy, reproduce, distribute, or create derivative works from this content without our prior written permission.

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10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NIEA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY BOOK SUBMITTED WILL BE RECEIVED, JUDGED, OR RETURNED. YOUR USE OF THE SERVICES AND PARTICIPATION IN THE CONTEST IS AT YOUR OWN RISK.

 

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NIEA AND SMARKETING, LLC, AND THEIR OFFICERS, EMPLOYEES, AND CONTRACTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR PARTICIPATION IN THE CONTEST, INCLUDING LOSS OR DAMAGE TO A SUBMITTED BOOK. TO THE EXTENT ANY LIABILITY IS NOT EXCLUDED, NIEA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO NIEA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

 

12. Indemnification

You agree to indemnify and hold harmless NIEA and Smarketing, LLC, and their officers, employees, and contractors, from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of: (a) your breach of these Terms or our Rules & Guidelines; (b) your submission of a book or other content you did not have the right to submit; or (c) any inaccurate representation you make in connection with your entry, including your AI-use disclosure.

 

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. 

 

14. Changes to These Terms

We may update these Terms from time to time. The most current version will always be posted on this page. Continuing to use the Services after changes are posted means you accept the updated Terms.

 

15. Contact Us

National Indie Excellence® Awards c/o Smarketing, LLC

703 Pier Ave, Suite B-684, Hermosa Beach, CA 90254

support@indieexcellence.com