Oh, and Hamerstein, your right. If they wanted to they could have the Beta open for one day only, and still satisfy the ...
"Participate in the first round private beta test, plus all rewards above."
Legal interpretation is hardly the corner stone of common sense and fairness.
Perhaps not (at least not any more), however we're not talking about legal definitions, we're talking about the word "participate", that's not legal jargon, it's plain English. Unfortunately Beta backers have adjudged (incorrectly) that their backer level entitled them to be the first players to experience a game phase, which was never promised to them.
I'm merely observing that they never had an argument in the first place.
It was both fueled and fired up by the newsletter saying folks get something extra "exclusive" as an up-sell incentive.
Whether FD's decision to promote Alpha in this way is wise is a different subject, which could (and probably should) have been disassociated from any perceived entitlement issues and discussed accordingly.