Sorry about the late reply but I wanted to give the respective parties ample time to reply.
I called Nintendo. The CS rep sounded like he just woke up. It was like talking to this guy:
He said something to the effect:
"Just return to the place of purchase and they should remedy it..." he didn't sound concerned at all, kind of like meh. "...or just keep it" he finished.
So I say ok and hang up.
I take a side trip to GameCrazy or Gamelazy as I like to call it. I went to try a regular copy of EBA to discern whether or not it is a complete copy. I explained what happened to the employee and she says that incidentS like that happened at that store also.
I emailed EBgames corporate. I make it obvious that I am displeased with their shoddy practices. I had an issue before with them selling me a used game as new and I don't mean a gutted copy either. I tried to participate in the class action lawsuit against them. They apologized profusely and offered to replace EBA. But I'm keeping it.
The District Manager for EB emails me a day or two later asking for my phone number , wishing to speak but I fear they might ask me to return the cart. So I won't take her up on the offer.
I also emailed Nintendo's legal wing. They didn't reply. I guess they don't care. I hope this means they won't interfere if I auction it.
So this ends the rather uneventful odyssey of the demo cart that made it to store shelves that should have never been.
In an ironic summary:
Nintendo == Doesn't give a crap.
EBgames == Does give a crap