Guys I am sorry to say Kickstarter will NOT help you here in any way. The contract is between you and Gary and Kickstarter took the 5% off the top and are done. The ONLY thing Kickstarter will do is defend Gary if you try and get your money back using your credit card. This is because they lose out on the 5% they took of the CC transactions.
I have legal action pending on two different Kickstarters and have been through most of this already. The way the term of use is worded everything is on Gary (ie Fire Mountain Games) https://www.kickstarter.com/terms-of-use On the good side the TOS was reworded in Oct 2014 to be VERY clear in the fact that FMG must deliver the product or refund money. But the only way to "enforce" this is to take a person to court. I am trying first with the civil division of my local state's Consumer Protection Division of the Attorney General’s office. Not yet sure how far that will get me or how much money I will need to spend in addition to attempt to get my money or product.
Just sharing what I am currently going through right now with other projects. I was not ever a backer of ToN but following this thread for information as my group is playing it currently.