Sent in for cpu replacement.. old one may work

So, late last week I turned on my gaming rig to discover something was wrong. No BIOS appeared and a red led indicated a cpu error. After a call or two to tech support for both the board company (asus) and Intel, a replacement CPU was on its way.

Today I install it with the same error....

Intel does a cross-ship where you pay for the new one and they return your money as long as you send it back and haven't violated warranty.

I'm wondering if ill get my money back if i sent it in and it still works. Does anyone have any idea?