First of all i'm not sure it is FACTORY sealed. It's not shrinkwrapped. But it is sealed with two Nintendo stickers on both sides.
the last one shrinkwrapped as some of you may remember sold for INSANE money:
http://cgi.ebay.com/ws/eBayISAPI.dll...m=330223085052
Mine is the same except it has a retailer mailing card attached on back and sealed with two nintendo stickers. One of the stickers is almost torn from stirring of one side of the box itself. But it was NEVER opened for sure.
Here are some pics.