Ipod touch 2G 2.2.1 Random restarts!

my ipod touch random restarts everytime i use 3rd party apps on it. sometimes it even restarts while i listen to music, watch videos, or even just arranging my home icons..

the screen simply turns white for 0.5secs and displays the apple logo which indicates that it is booting up, after which it cuts off a huge amount of juice to my battery. this happens to my ipod for about 5-15 times a day depending on how long i use it. i'm having this problem the week i bought my ipod and its been a month now and i'm thinking of sending this back for replacement since its still in its warranty.

but my ipod has this one deep scratch on the upper left side that makes me think if that even voids my warranty. are they gonna cancel it just for that? its just a short deep scratch deep enough that you can feel its there but nothing more. i think i got the scratch when its inside my pocket but i haven't dropped it yet.