How do I get Apple to replace my iPod?

So I took my iPod Touch 4g in to the Apple store to have it replaced today, becuase I've noticed it's noticably slower than my friends' and crashes all the time, but when I asked them about it, they said they couldn't help me because the screen was cracked! Yet even when I explained the problem we present before the cracked screen (which was caused by some dumb kid taking it and dropping it at school), they told me to restore it for the fifth time.
How do I convince them to replace the faulty iPod?

It doesn't matter if the device was acting up before it was cracked. Any sign of a break or crack or 'abuse' or 'neglect' and they will most likely deny replacement on that fact alone.
The most you might be able to get is to get it as an 'out of warranty' repair, which starts at $99 and goes up.
there is no such thing as benefit of hte doubt with any sign of physical damage.

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