Can I get a new Black Ops game disc this way?

After purchasing Black Ops almost the day it came out from GameStop, couple months later after I took it out of the box there was a crack in the inner clear ring, No biggie, I thought. Then a few more plays and suddenly a thin crack has made it from the crack all the way into the actual disk itself. The game becomes almost unplayable and I have to clean it with water almost everytime I put it in. After a couple weeks of that, it has completely stopped working. When I put it in, I can download the patch yet I cannot play the game itself, It even saids Call of Duty Black Ops in my recent games when I put it in. Tried everything, now am I entitled to a new copy from GameStop? Since this was obviously not my fault and a fault of the disc and/or Xbox itself.