Thanks. Yeah I actually tracked it down some more and saw that Microsoft has an order form (
http://assets.xbox.com/en-us/support/replacementdisk_orderform.pdf) and has extended the free replacement to February 2008. Thing is - I don't want to be without the game (and there is no Costco near me so the scam option is out). So - sort of trying to figure out what to do. I haven't even tried the disks - they may play fine but there's no way I am keeping them like this.
I know it has been beat to death on here but I can not believe that they allowed this tin to be released in such a way. Doesn't really take a genius to see that it wasn't going to hold the discs adequately. In my instance, the disks barely stay in place if held sideways for a moment - let alone survive a shipping process. Completely idiotic and disappointing that this issue is well known and the editions that have this problem haven't been pulled from the stores' and distributors' shelves.