But I do agree, the commitment should be to backers first. However in order to absolve themselves of all responsibility Kickstarter have to declare that all backers are providing a 'donation'. So your contract is defunct because of kickstarter, not the project. I would like to see a kickstarter enforce delivery... but it won't happen.
not everyone does this ;) https://www.kickstarter.com/projects/attackthepack/attack-the-pack-the-cycling-card-game
But I do agree, the commitment should be to backers first. However in order to absolve themselves of all responsibility Kickstarter have to declare that all backers are providing a 'donation'. So your contract is defunct because of kickstarter, not the project. I would like to see a kickstarter enforce delivery... but it won't happen.