POP! Perfectly Organized Perks℠
These terms govern your membership in the POP! Perfectly Organized Perks program ("POP! Program"). Please read these terms carefully. By enrolling in the POP! Program, you agree to be bound by these terms, as well as the other rules, policies, and procedures of the POP! Program. If you do not agree to any or all of these terms, do not enroll in the POP! Program. If you wish to no longer participate or disagree with any changes to these terms, please cancel your POP! Program membership.
The POP! Program is another way for The Container Store ("us", "we" or "our") to celebrate and reward our loyal customers. By participating, members ("you") may be rewarded with valuable discounts and surprises, and you may receive valuable communications, tips, exclusive invitations and product previews ("POP! Perks") that will help get you started on your next organizational project. Plus, you'll never need to pay a membership fee. If you have any questions, we're always here to help. Contact our Customer Solutions Department at (855) 827-1538 or visit a store near you for assistance.
Authorization and Permission
Changes to the Terms
We reserve the right, at our discretion, to change, modify, cancel, add or remove any or all portions of these terms, any policy, FAQ, or guideline pertaining to the POP! Program at any time. If any terms change in the future, we will let you know by posting an update to www.containerstore.com/pop with the most recent modification date. Any changes or modifications will be effective immediately upon posting the revision and you waive any right you have to receive special notice of such change. By continuing to use the POP! Program, you agree to the revised terms.
The POP! Program is open to legal residents of the United States who are at least 18 years of age at the time of registration. To enroll and receive POP! Program benefits, visit one of The Container Store's participating retail locations and provide your email address. At your option, you may also provide your phone number, name, street address, and/or birthday information. Please visit www.containerstore.com/pop for a list of participating regions. Employees, independent contractors, officers, and directors of The Container Store and its subsidiaries and affiliates are not eligible for the POP! Program. While more than one person may use the same email address or phone number (e.g., members of the same household), we will not separate program benefits or offers earned or used by different members of the same household using the same email address or phone number.
Receiving POP! Perks℠
We will offer POP! Perks based on the types and dates of purchases you make, including the size, frequency, number, and/or location of your transactions. The Container Store reserves the right to offer additional Perks or decline to offer certain Perks in its sole discretion and without notice to you. POP! Perks may include, for example:
To credit a transaction to your POP! membership, you must sign in to your POP! Program account by providing your email address or phone number at the point of checkout. The ability to apply a purchase to the POP! Program may be limited to participating retail stores. Providing your phone number or email at the point of checkout is unrelated to acceptance of a credit card transaction. Online purchases, taxes, shipping, delivery, installation, ATHOME services, purchases of or using gift cards, purchases using merchandise credit, and Business Sales are not eligible towards the earning of POP! Perks. We may revise these exclusions from time to time, which will be reflected in changes to these terms.
Using POP! Perks
Discounts, if any, earned as POP! Perks can be redeemed in our stores, through www.containerstore .com, or by phone. POP! Perks have no cash value, are not transferable, and no cash value will be given for a discount redemption. No POP! Perk, discount or other benefit will be refunded at any time. Unless noted otherwise, each POP! Perk will expire 30 days from the issuance date. Additional terms, conditions and restrictions, including but not limited to expiration and whether POP! Perks can be combined with other offers or discounts, and disclosed when issuing the POP! Perk may apply, so please review carefully each POP! Perk when it is issued.
You may cancel your participation in the POP! Program at any time. To cancel, call our Customer Solutions Department at (855) 827-1538. As soon as a membership is canceled, all of your POP! Perks and discounts will expire. We may cancel your POP! Program membership at any time for any reason in our sole discretion including, but not limited to, our determination that you (1) are ineligible, (2) violated any term or condition of the POP! Program or any applicable law or regulation, or (3) engaged in any deception, forgery, fraud or committed any other abuse of the POP! Program. If you do not make any qualifying purchases using your POP! account during a period of two (2) years, The Container Store may, in its sole discretion, terminate your POP! Program membership on or after the last day of that two (2) year period. We may revoke some or all of your POP! Perks if we determine that you received a POP! Perk due to an error, through fraud or deception, or in any manner not authorized.
Managing Email Preferences/Opting Out
The Container Store reserves the right, without limitation, to terminate, change, limit, modify, or cancel any POP! Program terms, conditions, rules, regulations, benefits, or POP! Perks at any time, with or without notice, even though such changes may affect the value of already-issued POP! Perks or other benefits.
Release, Disclaimer and Limitation of Liability
By participating in the POP! Program, each member releases The Container Store, and affiliated entities, and their respective officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorneys' fees) relating to participation in the POP! Program, use of POP! Perks or agreement to these terms.
THE POP! PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTAINER STORE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE POP! PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTAINER STORE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE POP! PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution and Governing Law
These terms and conditions will be governed by and interpreted in accordance with the laws of the State of Texas without regard to any conflict of laws principles. You agree that The Container Store and you will resolve any disputes through binding and final arbitration instead of through court proceedings. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE YOU HAVE WITH THE CONTAINER STORE. NEITHER YOU NOR THE CONTAINER STORE MAY BRING A CLAIM AGAINST THE OTHER AS A CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. NEITHER YOU NOR THE CONTAINER STORE MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM BETWEEN US. These POP! Program terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq.
In the event of any dispute concerning the POP! Program or these terms, the parties unconditionally and irrevocably agree that the dispute will be resolved by arbitration (and accordingly they hereby consent to personal jurisdiction over them) exclusively in Dallas, Texas, in accordance with the rules of the American Arbitration Association. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party will be entitled to recover its attorneys' fees and arbitration costs from the other party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceeding, except as may lawfully be required.
In all matters relating to the administration of the POP! Program, the decisions of The Container Store shall be final. The Container Store is not responsible for communication problems of any kind, including distribution of POP! Perks, due to a change of email address or other changes in contact information. Under no circumstances will The Container Store be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these terms is found to be unlawful, void or unenforceable, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of any remaining provisions. The failure of The Container Store to enforce any right or provision of these terms will not prevent The Container Store from enforcing such right or provision in the future. The Container Store may assign its rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE CONTAINER STORE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.