I'm not saying this is going to work every time but it's worth a shot!
So I bought the Xbox One Day One Edition with FIFA 14. However, I rang up MS complaining that when I bought my Xbox Day One Edition with Forza there was no Forza download inside my box. Therefore if you did this tut, you could say you didn't get FIFA.
Obviously they wanted proof of purchase of the Xbox and pictures of the actual packaging. So what I did was 'Inspect Element', using chrome, the receipt I'd'd got via email and made it say I'd bought a Forza edition. I also went on Ebay and got pictures of a Forza box (as I had a Fifa one)
After about a week I received and email with a replacement code!
Note, if you do this, ensure you tell them that you went to your retailer and they told you they can't do anything about it and to contact MS, also state that it is now over the 30 return policy so you can no longer claim
So, obviously do this you will need a receipt for the Xbox one and some pictures.