
Well, okay, if they are sold out because they never received shipment. Huh? How can you be out of stock if you never received stock? Well, the guy that wrote into Kotaku can explain his experience...
"I get to Circuit City and stand in the customer service line. I see they'd erected a little sign reading Super Paper Mario sold out. I'm bummed that they don't have it but I think at least I can get a $20 giftcard so I can get the game later at a discounted price.... I ask him about the offer in the weekly ad. He says I don't get a giftcard because they did have the game in stock-earlier... He said I would have only gotten the giftcard if their supply never came. SHADY!!"
If they never received a shipment you can get USD $20.00 in a gift card, but what store would fail to receive shipment? Unless UPS or other carriers screw up, the game is scheduled to arrive on opening day. By this rule, had they received one copy and sold it then they don't have to pay out any gift cards.
Shady? Circuit City is doing anything they can to try to keep up with the competition (i.e. Best Buy) and their ability to draw in customers like ants to an ant farm (or poisonous trap?)
source: kotaku.com