My ipod is frozen on home screen ?

My ipod is jailbroken for some time now and I was adding a video walpaper to my background and it was loading it on there and when it went back to the lock screen I put my code in and then it froze on my home screen and the new walpaper wasn't there I re start it and it still freezes on the home screen if I hit an app after 3min it will open the app but I'm not able to get to my winterboard app on the 3rd page of my ipod if I was able to get to my winterboard app I could disable the walpaper and then it would be find but I cant get to it... if I try to get a new one from apple will they even let me get a new one because the one I have now is jailbroken?