I sent in my ipod to get fixed and they sent me a new one. Can i get my photos and data back?

I really need my photos back.

- If photos are in an iPod backup then restore from that backup. See the restore topic of:
iOS: How to back up
- If the photos are in the iTunes backup then get them from the backup by:
Recover iPhone, iPad or iPod photos from backups with Picturescue
Note that Apple said:
Will the data on my iPod be preserved?
No, you will receive a replacement iPod that will not contain any of your data and songs. Before obtaining service, it is important to back up your data. Apple is not responsible for the loss of information while servicing your iPod and does not offer any data transfer service.
iPod touch customers: Before obtaining service, you can back up your data using iCloud or iTunes. Following service, your replacement iPod touch may have a newer version of the operating system (iOS) and you will need to restore your data using the method used to back it up (iCloud or iTunes). You may also need to update your App Store apps for compatibility with the newer iOS. If you experience a problem with an app purchased from the App Store, check iTunes to see if an update is available or contact the app developer directly.
From
http://support.apple.com/kb/index?page=servicefaq&geo=United_States&product=ipod

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