Update #3.
After I filed my FTC complaint, put my company attorney on retainer and asked for their legal department information, I get a response back stating there must have been a mistake because I purchased a product that was discontinued in 2014, but yet I was able to purchase directly from their site in Jan 2015. In Feb asked for my first refund.
I truly do not care what this cost me, this is a matter of principle and a company who lies to end users. No where when I purchased the physical items does it say “When available” or “When game is completed”. Bait and switch.