[quote name='averageguy']i would say no. I sold a copy of MW3 steelbook case for the ps3 to someone on ebay. They complained about the condition of the steelbook and returned it to me. I called up the company who made it and they told me to goto the merchant i bought it at. I had gotten it at gamestop a few months ago so basically i was out of luck.[/QUOTE]
^ Pretty much what I was going to say.
Your best bet OP is to go back to the store you bought it at. If that was the last one, they typically will just give you store credit, since your copy is obviously damaged/defective. If it was from a Gamestop, and the SM is a proactive (and nice) one, he/she might even be able to arrange a replacement to be sent to that store from a different location. It wouldn't hurt to ask.
Best of luck though!