The following ARC Principles and Guidelines for Responsible Advertising Practices apply to all “qualifying advertising” for physical games rated by the ESRB. Furthermore, all publishers, co-publishers, licensees, and/or other third parties utilizing ESRB ratings for physical games are legally bound to comply with the guidelines. Failure to do so can result in points, corrective actions, and monetary fines.
From the ESRB themselves in short the DEVELOPER not the ESRB can catch Hell for not making sure the games content meet the rating. I never said the ESRB is responible for mainting a rating the developer is..



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