Letter from In the Game, Inc. President Dr. Brian H. Price

Dear Collectors, Dealers and Distributors:

I would like to take this opportunity to thank the hundreds of collectors and dealers who took the time to email us with their thoughts with respect to the use of the Ultimate name in the hockey card market.

Many of your emails were posted on our website and we continue to get emails daily. This seems to be a very HOT topic. There have been many discussions with the NHL with respect to Upper Deck's use the Ultimate name and at this point it seems that Upper Deck is proceeding with their plans.

Because of the amount of time we have spent with our lawyers to determine exactly what our rights are in the this matter, the release of the Ultimate Memorabilia 5th Edition will unfortunately be delayed until the end of May.

At this time I have seen products offered for sale by dealers, distributors and on eBay under the name Ultimate, Ultimate Collection, Ultimate Memorabilia, BAP Ultimate and others. This was exactly what I thought might happen in the marketplace if Upper Deck used the Ultimate name. This is even more complicated by the fact that the NHLPA cancelled our license on September 30, 2004 and took back the Be A Player name.

As the situation as it exists today, I don't even know whose product is being sold when a product is referred to as "BAP Ultimate", and I own the company.

Thanks again for your support, remember we are In The Game and by definition, there can only be one ULTIMATE.

Dr. Brian H. Price
President
In The Game, Inc.