Dinosaurs Earl Sinclair Action Figure

I ordered this for sentimental reasons. My Dad's name was Earl & my sister had one of these figurines displayed on her dashboard. Her hubby would often steal & hide it, turning up in the silliest & most unexpected places. My brother-in-law passed a few years ago, my sister 5 weeks ago, I decided when I saw this Earl figurine I had to have one to remind me of their antics! I saw a picture of. A new in the package Earl...but when it arrived it was not in a package nor new. I decided to keep it anyway, but wished the seller had been forthright with the correct info.

Would be a 5 but the helmet does not stay on Earl's head.