Odd I didn't see the flyer. But yes it's $39.99. I'm pretty sure it's temp because on my receipt it says Disc: 10.00 Promo #7020. So it could either be just in their system as a promo or it could just be a temporary way to make the register have it at 39.99 instead of a permanent price drop...
I went to go get Fallout 3 used at Gamestop today with my edge card figuring it would be a decent deal. Basically I went up to the cashier with the used copy and he told me that he thinks there is a deal on a new copy for $50 (without tax) to his surprise the price was even lower at $43.49...