I'm not sure about the US laws, but under Irish and EU law, the company must either repair, replace or refund the product/consumer if the product does not work.
So if they don't repair it or the repair fails and a replacement would only lead to the same situation, only then will you be entitled to a refund.
Which is not going to come about from an online petition of all things. Ever. End of story. Just go to your retailer where you bought the product and explain the situation.