Kickstarter's T&Cs state:

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.

http://www.kickstarter.com/terms-of-use

When you fund a Kickstarter project, you're investing in the project.

If it does not fully fund, you receive a refund from Kickstarter.

If it does, your funds go to the project, who are on their best effort to successfully launch the project.

You are NOT, however, directly purchasing a reward. You receive a reward as a gift for helping to fund at a given level.

Are you unable to read? The T&C, as quoted, very clearly states that the project creator is required to fulfil the reward or they must refund the backer.

And for those backers not at a reward level?

But you ignore the bigger problem. How are you, as a Backer, able to require a refund because a Project breached its terms with Kickstarter?

Under what penalty? Plenty of Kickstarter projects have gone unfulfilled with no refunds.

The teeth backing up that TOS is that if you violate it, you'll probably find it hard to get a new kickstarter project accepted. But that doesn't mean there's a legal obligation to fulfill rewards.