Hmm, tough question. Yes and no. They verbally told you yes, so they are obliged to hold to that. However, in the case that Nintendo does stop it, well to put it lightly, you'd be screwed. What I would suggest is visiting some other stores in your area to see if anyone else has it. If yes, then drop your pre-order from Toys 'R' Us and get it from there. If not, check EBGames.com, I got mine from them, and they were very reliable. Good luck! and keep looking.