From the Kickstarter terms of use:
- The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
- Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
- Kickstarter does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
- Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
By signing up to Kickstarter and pledging (assuming you did it through Kickstarter and not through FD's post-Kickstarter app) you have effectively waived your rights to request a refund due to the project being delivered late. Given the progress of the project so far (Alpha looking to be delivered on time) you wouldn't be able to argue that FD have not made a good faith attempt to fulfill the reward on time. FD are more than able and willing to fulfill your reward, but there's always the possibility that there may be development delays.
Now, if you pledged through FD's app (and possibly this applies to everyone who used the app -- not sure about that part), the following apply:
- The deposit shall be earned by FD and become non-refundable to the extent that it is used for the Game Cost, with each Contributor’s deposit being applied as follows: first to the fulfillment of the reward items, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total Contributor deposits remaining after the cost for the pledge items.
- FD agrees to use its good faith business efforts to deliver to you the reward items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by FD since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless FD has not delivered the reward items and/or the Game to you within 12 months after the estimated delivery date.
- For the avoidance of doubt, in consideration of FD’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Game Cost as described above shall be non-refundable regardless of whether or not FD is able to complete and deliver the Game. In the unlikely event that FD is not able to deliver the Game, FD agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost. In consideration of the promises by FD hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost in accordance with the above.
As you can see, in that case you would only be entitled to a refund were the physical rewards or game more than 12 months late (and you'd only be entitled to a refund for the proportion of the total that corresponds to physical rewards rather than the game).
The moral of this story is: if you're going to get all uppity about a crowd-funded project not delivering on time, read the terms and conditions
that you agreed to before doing so.