Here is the response to the complaint I filed against Gamestop(the retailer where I purchased my copy) and my response back to them:
"Our research in regards to this situation has found:
That this would not be a complaint that would be directed at GameStop as GameStop is not the manufacturer.
GameStop has a non return policy on opened new product however it can receive a trade value
Any dispute over a full refund will need to be sent to Bethesda
We consider this matter closed.
It is GameStop/EB Games position that we have given the customer due diligence in regards to this situation and considers this issue closed."
My response to that was this:
"Regardless I have resolved the issue on my own working with my local GameStop store where I purchased my copy of the PS3 version of Skyrim. I still am unsatisfied with the amount of trouble I had to go through to come to terms with my store and I am also unsatisfied with the response that was given to this complaint and here are the reasons why:
1. Title 15 > chapter 2 > subchapter 1 > section 52 of the Federal Trade Commission Act states it shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisemant. The PS3 version of Skyrim's quality was vouched for himself by the VP of Public Relations for Bethesda, Pete Hines as can be seen in this article as well as the actual tweet itself dated at Sept 14th(before the actually release date of the game which was 11/11/2011 and that I had pre-ordered at 10/26/2011)@ 2:37 pm:
http://myona.com/201...ns-ps3-quality/
https://twitter.com/#!/DCDeacon
2. Many people on the forums of Bethesda are also reporting similar issues and while Bethesda claims that they are working on a patch for this problem no one stated this problem would be consistent with the purchase of the copy of the game i.e. Gamestop or any other retailer. Here are some examples of the problem:
http://www.youtube.c...eature=youtu.be
and this video was posted after the 1.2 patch for the PS3 version of Skyrim:
http://www.youtube.c...h?v=rU7XS__ElRU
The forums are flooding with people experiencing the same issue proving this is not a single isolated incident:
http://forums.bethso...-playstation-3/
3. Ign(major game review site) has officially recognized the issues as well:
http://ps3.ign.com/a.../1214016p1.html
Since I was able to resolve the issue(through much trial and error) with my local Gamestop store I will no longer be seeking a full refund. However, I'll have it noted that my dealings with Gamestop as far as new digital purchases go will cease to continue indefinitely. I will also inform others through gaming forums and such how your company handled the issue as well."
Thanks goes to Zidane Tribal for his video references.