Recently Nintendo has focused more on marketing games that are already released. This is actually a pretty good way for Nintendo to do it, because:
1. Install base is only 10 million (4 mil), Prime 3 will be one of those games that sells well and moves Wii's well in to the Summer 08 drought (you know it's coming) and as the user base expands.
2. If the game is really that good, expect long legs.
3. Unlike other companies Nintendo games tend to stay in the charts for a rediculous amount of time, bringing it more press (free publicity).
4. Flooding the market with advertising for companies as large as Nintendo actually raise demand and pricing. Networks will raise prices in anticipation.
5. Some times too much hype can either kill profits or kill anticipation, especially if the game isn't as good as expected (then there is a great first week, then the sales disappear, we see this a lot.)
Also, Nintendo said that expect hype real soon. Which is the best way to build hype. Let it build among the fans for 2 years, than start the hype wagon after the seeds have been planted and have germinated.
I would cite regulation, but I know you will simply ignore it.