You could just buy the super mario odyssey bundle it's currently not patched for sure (iirc the splatoon 2 bundle is the same deal)
--------------------- MERGED ---------------------------
I went to a gamestop and gave them a list with the serial ranges and they found me one new and unpatched (just if you do this make sure it's not a busy time) and there were plenty of used ones (I didn't want one though)
A lady there told me their stock isn't always switched out so sometimes you'll just find what you're looking for