Deactivate Phone to avoid Sprint Restocking Fee?

[Brady]

So i just got a new phone to replace my old one. The mail in rebate ($100) is going to be withheld because i do not have a data plan. 1) It says if you activate your phone, then return it (in the 30 days) you may be subject to $35 restocking fee. SO, can i just reactivate the old one and delete all my contacts and whatnot on the new one then send it back without the fee? if not, then 2) can i sign up for the $25 data plan then cancel it in a month? That would be cheaper than the $35 plus the cost to ship it back. I fudged up, help a bro out