My recommendation:
Contact your applicable gaming authority. I believe that the product needs to be capable of performing as to its purpose. Regarding warranty, I believe that it needs to be operational when obtained if new.
From,
http://www.consumerlaw.gov.au/content/Content.aspx?doc=fact_sheets/your_home.htm, accessed online 20th September, 2011:
"Quality goods and services
All products must be safe, durable, free from defects, fit for purpose, acceptable in appearance, match its description and match any sample or demonstration model.
Services performed in your home must be delivered with care and skill.
Businesses must honour all guarantees, including express and extended warranties."
Did the promoter advise that the item was defective prior to your entry?