Telltale has not scammed you in any way. You watched their game for free twice online before even buying it...jerk.
Your 3 year old iPod doesn't play a brand new game? You should have checked the system requirements just like any app you buy from the app store you don't deserve a refund for that. You should blame nobody but yourself for this situation. Instead of trying to get your copy working, you decided the sensible thing to do would be... BUY IT AGAIN!!!
I don't know what to tell you for the xbox version, except people with the malfunctioning retail copy are being awarded digital copies of the game if they take a picture of the game and their tv and send it to Telltale or something. As far as the quality goes, the xbox port is very well done with better controls then pc or ios (IMO) and a much smoother version of the game in general.
If you want some actual support from Telltale, take it into the damn Support forums and actually try to solve your issues don't post a thread like this here it's incredibly pointless even if it helps you vent frustration it won't gain you any sympathy OR help. Want help? Go to the support forums!