New iphone replacement over refurbished iphone

How can I ensure that I will receive a brand new iPhone if my old one cannot be repaired?
I purchased an 8Gb iPhone on February 4th and yesterday I noticed some of the pixels were dead. I called Apple and am sending it back, but is there anyway to guarantee, if my old one cannot be fixed, that I will receive a new phone instead of a refurbished one, especially seeing as the phone is less than 3 weeks old?
By the way, the phone has never been dropped or damaged and I've used a protective cover since I bought it.

No there isn't.
Copied from the written warranty.
http://images.apple.com/legal/warranty/docs/iphone.pdf
+If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Apple will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product.+
If you receive a refurbished iPhone, you will not be able to tell any difference. A refurbished iPhone is probably more closely inspected and tested than a new iPhone before leaving the factory, and the original warranty remains in effect.

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