The following is the first of the two press releases:
Take-Two Interactive Software, Inc. Announces Conclusion of ESRB Investigation
ESRB assigns "Adults Only 18+" (AO) rating for current version of Grand
Theft Auto: San Andreas due to unauthorized third party "Hot Coffee"
modification
Rockstar
Games to cease manufacture of current version of title and offer a
downloadable patch to prevent modification of Grand Theft Auto: San
Andreas for PC
Company lowers third quarter and fiscal year guidance to reflect the expected negative impact on the title's retail performance
New York, NY – July 20, 2005
–Take-Two Interactive Software, Inc. (NASDAQ: TTWO) announced today
that the Entertainment Software Rating Board (ESRB) has changed the
rating of Grand Theft Auto: San Andreas on all platforms from "Mature
17+" (M) to "Adults Only 18+" (AO) because of the so-called "hot coffee
mod," an unauthorized third party modification that alters the retail
version of the game. Take-Two cooperated fully with the ESRB's
investigation.
Rockstar Games has ceased manufacturing of the
current version of the title and will begin working on a version of the
game with enhanced security to prevent the "hot coffee" modifications.
This version will retain the original ESRB M-rating and is expected to
be available during the Company's fourth fiscal quarter. Rockstar Games
will be providing AO labels for retailers who wish to continue to sell
the current version of the title.
As a result of the re-rating
of the game, Take-Two is lowering guidance for the third fiscal quarter
ending July 31, 2005 to $160 to $170 million in net sales and a net
loss per share of $(0.40) to $(0.45) to provide reserves for the value
of the title's current North American retail inventory. Accordingly,
guidance for the fiscal year ending October 31, 2005 is also being
lowered to $1.26 to $1.31 billion in net sales and $1.05 to $1.12 in
diluted earnings per share.
"Take-Two and Rockstar Games have
always worked to keep mature-themed video game content out of the hands
of children and we will continue to work closely with the ESRB and
community leaders to improve and better promote a reliable rating
system to help consumers make informed choices about which video games
are appropriate for each individual," said Paul Eibeler, Take-Two's
President and Chief Executive Officer. "The ESRB's decision to re-rate
a game based on an unauthorized third party modification presents a new
challenge for parents, the interactive entertainment industry and
anyone who distributes or consumes digital content. Rockstar Games is
pleased that the investigation is now settled and they look forward to
returning their focus to making innovative and groundbreaking video
games for a mature audience."
The scenes depicted in the "hot
coffee" modification are not playable in the retail version of the game
unless the user downloads and/or installs unauthorized software that
alters the content of the original retail version of the title,
representing a violation of Take-Two and Rockstar's end user license
agreement (EULA) and intellectual property rights. "We are deeply
concerned that the publicity surrounding these unauthorized
modifications has caused the game to be misrepresented to the public
and has detracted from the creative merits of this award winning
product," said Mr. Eibeler. Take-Two is exploring its legal options as
it relates to companies that profited from creating and distributing
tools for altering the content of Grand Theft Auto: San Andreas.
Rockstar
Games will be making available shortly a downloadable software patch to
render Grand Theft Auto: San Andreas for PC impervious to the "hot
coffee" modification. Rockstar encourages parent groups and political
leaders to assist with distribution of the patch to prevent the content
of the modification from spreading further.
About Take-Two Interactive Software
Headquartered
in New York City, Take-Two Interactive Software, Inc. (NASDAQ: TTWO) is
an integrated global developer, marketer, distributor and publisher of
interactive entertainment software games and accessories for the PC,
PlayStation® game console, PlayStation®2 computer entertainment system, PSPTM (PlayStation®Portable) system, the Xbox® video game and entertainment system from Microsoft, the Xbox 360TM video game and entertainment system from Microsoft, Nintendo GameCubeTM, Nintendo DSTM and Game Boy®
Advance. The Company publishes and develops products through its wholly
owned labels Rockstar Games, 2K Games, 2K Sports and Global Star
Software; and distributes products in North America through its Jack of
All Games subsidiary. Take-Two also manufactures and markets video game
accessories in Europe, North America and the Asia Pacific region
through its Joytech subsidiary. The Company maintains sales and
marketing offices in Cincinnati, New York, Toronto, London, Paris,
Munich, Madrid, Vienna, Milan, Sydney, Breda (Netherlands) and
Auckland. Take-Two's common stock is publicly traded on NASDAQ under
the symbol TTWO. For more corporate and product information please
visit our website at www.take2games.com.
All trademarks and copyrights contained herein are the property of their respective holders.
Safe
Harbor Statement under the Private Securities Reform Act of 1995: This
press release contains forward-looking statements made in reliance upon
the safe harbor provisions of Section 27A of the Securities Act of
1933, as amended, and Section 21E of the Securities Exchange Act of
1934, as amended. The statements contained herein which are not
historical facts are considered forward-looking statements under
federal securities laws. Such forward-looking statements are based on
the beliefs of our management as well as assumptions made by and
information currently available to them. The Company has no obligation
to update such forward-looking statements. Actual results may vary
significantly from these forward-looking statements based on a variety
of factors. These important factors are described in the Company's Form
10-Q for the quarter ended April 30, 2005 in the section entitled
"Cautionary Statement and Risk Factors".