If the balloons are biodegradable there shouldn't even be an issue. They didn't intend for them to end up in the bay they intended for them to end up in gamers hands. It was reported elsewhere they had game coupons inside the balloons. They just miscalculated things like the wind and weather...
I think the box art is among the last reasons we would buy a game so there is less effort put into it. There is no shortage of impulse shoppers but most are going to need more than one reason to buy a game and the box art is hardly going to be among them. Distributors know they can do better...
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