Wasn't easy - just had mine waived thru chat first time. Here was my tact:
- asked for a credit on upgrade fee since phone is back ordered
- reminded them that i never had a late payment since I held an account (ten years)
- sent them links to this forum, and said they have applied credit to those in similiar situations, and it would seem discriminatory for them to not apply credit.
They initially offered $20 - but i declined - saying it is all or nothing, and that i once called and got $50 credit just for never missing a payment. I also said that I would consider cancelling my upgrade and would want my eligibility restores since my local APple store now has the device i want in stock, and if not I would switch to VZ or Sprint.
She claimed she had to get supervisor approval - but applied the full $40 credit at the end.
this whole process took about 8 minutes on an online chat window.