where did you buy it from? If it's from a mainstream shop like bestbuy, gamestop/eb or gamecrazy they have to take it back (provided you have whatever paperwork they gave you at the time
I got it from Toys R Us since the other places were out of stock. I spoke to them about it for the third time and I finally got my money back.
It wouldn't turn on, they said it crashed due to overheating even if I wasn't playing it.