POP! Perfectly Organized Perks® Terms & Conditions
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.
Program Overview
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
By enrolling in the POP! Program, you authorize The Container Store, its affiliates and partners to communicate
marketing and company information to you. Communications may include (but are not limited to) marketing emails,
direct mail, and special communications about upcoming offers and promotions. Further, you agree to all terms
listed in our privacy policy at www.containerstore.com/privacy.
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.
Membership Enrollment
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 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.
Taxes, shipping, delivery, installation, Contained Home 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. When POP! Perks are
issued, additional terms, conditions and restrictions may be disclosed, including but not limited to expiration
or combining POP! Perks with other offers or discounts. Please carefully review each POP! Perk when it is issued
to you.
Membership Cancellation
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
You may opt out from receiving POP! Program emails at any time. To do so, click on the unsubscribe link in the
bottom of the email and complete the opt out process. When opting out of emails, you will still be eligible to
participate in the POP! Program, however you will not receive POP! Program communications via email about offers
and promotions within the program. For more information about managing your information preferences and opting
out of sharing, please see our privacy policy at www.containerstore.com/privacy.
Member Privacy Policy
Except as otherwise provided in these terms, The Container Store's privacy policy and standards will apply to
information you provide through the POP! Program. See our privacy policy
at www.containerstore.com/privacy.
Additional Terms
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.
General
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.